Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can help bring your family and you closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit can award your family members compensation for child's medical bills and future treatment. Learn more about the scotia Erb's palsy Lawsuit Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money offered in a settlement will depend on your child's specific case and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This could cut down the legal process significantly and spare your family from having a jury or judge decide the case. If, however, your family members cannot reach an agreement, you'll have to go to trial. This could take a long time but it can also potentially result in a larger award.

The brachial area is a group of nerves that regulate movement within the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders or on the arms can cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child sustained a brachial plexus injury in the womb due to medical negligence, an Erb's palsy settlement can help you pay for their care. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial gets underway.

If you fail to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. The hearing may be more informal than a trial, but it's important to present physical evidence and witnesses for the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person or you can provide their statements through video conference. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. Also, keep your witnesses' phone numbers and addresses on file, in case you have to call them as a future witness.

Complaints in Court

Many children with Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. A large percentage of children will never recover and have to live with the consequences of this birth injury. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the birth process have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with specialists in treating this condition. They will create the lifetime cost of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine whether the doctor who delivered your child's treatment had a previous experience of malpractice.

When your lawyer is aware of the child's injuries she will start a lawsuit against defendants. Both sides will go through the discovery process that involves exchanging evidence, including expert opinions, depositions, additional medical documents and more. This is a crucial aspect of the legal process as it allows both sides to build their arguments. Settlements can take up to one year.

Settlement

If your clearwater erb's palsy attorney Palsy lawsuit is successful, your lawyer may be able to get compensation that covers medical expenses and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants are given a specified amount of time to reply to the suit, and during the discovery phase, both sides will gather more evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial since it's more cost-effective for all parties involved. If your lawyer believes they will win at trial, they may choose to take the case all the way to a verdict by a jury. A successful verdict will give families a sense justice and increase awareness of how to prevent future birth injuries. If your verdict isn't favorable you may appeal. While this process could take longer, it can also increase the amount of the compensation you receive.